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-   -   Glen Buckley and Australian small business -V- CASA (https://www.pprune.org/pacific-general-aviation-questions/620219-glen-buckley-australian-small-business-v-casa.html)

Paragraph377 18th Mar 2022 05:42


Originally Posted by Sunfish (Post 11201264)
I think there is something here that has been overlooked. I speak from the perspective of person involved in corporate start ups and venture capital...... people who don't play by Marquis of Queensberry rules.

What has been overlooked is that in the Australian context, APTAS business model, as made concrete in its exposition and other manuals and documents as well as its software is a unique creation embodying very valuable know - how that has cost a great deal of time and money to create and is a comprehensive solution to the requirements of flight training in Australia.

As such APTA's intellectual property is worth a very, very great deal of money in Australia because it is/was capable of dominating the flight training market. I suggest that the I.P. is still worth a great deal of money.

That raises a number of possibilities when one considers human nature. Those possibilities include fear among APTA's competitors as well as envy and greed in others. Who knows? Perhaps APTA by another name was going to be resurrected by others once it had been "abandoned" by Glen?

...You know, a new name and a few cosmetic changes to satisfy CASA and voila! A money printing machine.

To put that another way, is Australia to be denied access to APTAs comprehensive and valuable flight training solution? Might someone be waiting to resurrect the idea? Who owns the I.P.? Who has the manuals?

I said it somewhere earlier in this thread, but the day that Glen ‘called out CASA’ and told them they weren’t safe or called them unsafe, I forget the exact wording, is the day that Glen became a marked man. They put the crosshairs on Glen and delivered a fatal shot.
Out came all the archived TRIM files plus Glen’s business proposal and they went through it with a fine tooth comb, until they found their silver bullet. A ruthless, vindictive, disgusting bully of a department.

glenb 18th Mar 2022 21:43

Response to Lead Balloon Post #2041
 
Lead Balloon, in regard to your question,

“I seek just 1 clarification. You said in your most recent post:

"One member had already been approved formally by CASA through a significant change process."

This is very important. Did CASA write a piece of paper that said "Member X is approved to conduct flying training" or something like that?

Or did CASA write a piece of paper that said APTA is approved to conduct flying training using Member X's resources at Member X's location" or something like that?

It is very important to understand who was "approved".

The way in which Member X is "approved" to conduct flying training is that it is issued an AOC/Part 12X certificate.

The way in which APTA is "approved" to conduct flying training using Member X's resources at Member X's location is that APTA gets the approval (maybe a variation to its certificate?).

There can't be a half pregnant world in which an entity has an "approval" to conduct flying training but not an AOC/Part 12X certificate authorising it.”



Lead Balloon, I understand the point of your question. I am trying to cast my mind back 5 years now, and I cannot be assured that my response is correct. I will make an FOI request for the certificate that CASA issued and on receipt I will be able to post it and answer correctly. My recollection is that it stated the Member could conduct training under the APTA approval, in accordance with our procedures. Please standby, and I will update upon receipt. Regarding your second query.


“ASIC shows the current entity with the name “Australian Pilot Training Alliance Pty Ltd” is ACN 119 046 385. ASIC says that that entity’s former names include “Melbourne Flight Training Pty Ltd”.

ASIC also shows ACN 612 834 152 as named “Melbourne Flight Training Pty Ltd” with the former name “Australian Pilot Training Alliance Pty Ltd”. However, that entity is shown as having been deregistered on 23 January 2021.

Looks like two different corporate entities swapping identical names. Nothing too unusual about that, but I want to make sure I understand who’s who in this zoo.

What was the ACN of the entity of which you were CEO called “Australian Pilot Training Alliance Pty Ltd” while you were dealing with CASA? I’m guessing it was ACN 612 834 152 – the one that’s now been deregistered – and ACN 119 046 385 then grabbed the name. But I’d rather not guess.)




Unfortunately this is somewhat confusing.



Company ending in “285” was the original Melbourne Flight Training that commenced operations as a flying school in 2006,

Company ending in “152” was established in 2016 and was called APTA. The intention being to set up APTA as a completely separate Entity, with its own separate AOC.

CASA advised that due to all resources being directed to Transitioning existing organisations, they would not be able to process any new applications for approximately 12 months. Therefore, the new Company “152” was effectively useless as those timelines were unacceptable.

In discussions with CASA, I elected to build the APTA model under the existing Melbourne Flight Training, Company “285” registered in 2006, with all of the existing approvals i.e. ARN 759217, RTO 22508, and CRICOS approval.

As the APTA concept, was an Australia wide concept, I preferred the Company name “Australian Pilot Training Alliance,” rather than Melbourne Flight Training.

I swapped the names only. No other changes were made. This was done through ASIC and CASA. The original Company from 2006 changed from “Melbourne Flight Training” to “Australian Pilot Training Alliance” to better represent the concept.

Therefore the original Company from 2006 changed from MFT to APTA, obviously retaining the original ACN ending in “152”

The newer Company from 2016, with no approvals changed from APTA to MFT.

There was only the one AOC ever issued back in 2006 to ACN “285” with ARN 759217. That is the business that CASA took action against. With the trading restrictions in place for ACN “285”, my funds were exhausted. CASA would not permit the multi base, multi entity structure, and would now only allow one entity to continue under the AOC.

I was unable to continue operating as all funds were by now exhausted, and approximately $200,000 of debts had been accrued, as the matter had dragged on far longer than anticipated.

I transferred the business with ACN “285”. The original business with the CASA approvals to one of the APTA members to facilitate their continuing operations in return for taking on the debt and paying it in full. The business now had minimal value as CASA was still “considering” if it would be permitted

I transferred the shares to the new owner in return for settling the debt. Not one cent ever went into my bank account.

I hope that goes someway to clarifying a very confusing situation. Please come back with any queries. I am about to go into a roll of 3 X 13 hour shifts with a hefty drive each side, so please be patient as I may not get back here till Tuesday midday ( a few Married at First Sight episodes to catch up on in the morning). Wow that Olivia looks like a real piece of work, and she was my favourite originally, as the family keeps reminding me.

Have a great weekend all, cheers. Glen


glenb 18th Mar 2022 21:52

FOI request as advised in Post 2044
 

About you

Who are you making this Freedom of Information (FOI) request for?
Myself


Your details

Given name(s)
Glen

Family name
Buckley

Do you hold an Aviation Reference Number (ARN)?
Yes

Your ARN
187047

Email
[email protected]

Phone
+61418772013
Documents requestedI seek access, under the FOI Act, to the following documents:
I am requesting the original certificate issued by CASA to approve operations for AVIA and Learn to Fly when CASA approved them to operate under my Authorization. for ARN 759217 (Australian Pilot Training Alliance)

Date from
2016-01-01

Date to
2018-10-26

Do you agree to the removal of the names of any CASA officers from the documents you are seeking?
Yes

Do you agree to the removal of the names of any third parties from the documents you are seeking?
Yes
Consultation and chargesConsultation with third partiesWhere consultation with a third party is necessary, do you agree to the disclosure of your identity for the purposes of third-party consultation?
Yes

Lead Balloon 19th Mar 2022 04:39

Thanks Glen

The corporate stuff all makes sense. ACN 119 046 285 has effectively been the 'operational entity' throughout. The new entity you registered in 2016 became all too hard from a bureaucratic perspective, so it was deregistered in 2021.

I look forward to seeing the piece of paper issued by CASA 'relating to' the 'approved member'.

Try to take it easy.

glenb 21st Mar 2022 01:00

Letter to CASA CEO 21/02/22
 
21/03/22

To the CEO of CASA, Ms Pip Spence.

As you are fully aware, I have made substantive allegations against a CASA Employee, of Misfeasance in Public Office.

I have submitted that allegation on multiple occasions over the last three years to
  • The CASA Board under the previous Chair.
  • The previous CASA CEO,
  • The CASA Industry Complaints Commissioner (ICC)
  • My local MP Ms Gladys Liu the Member for Chisholm,
  • Publicly on a forum that I have drawn your attention to previously. This topic now has almost 1,000,00 views and over 2000 Posts and can be accessed here. The Pacific: General Aviation & Questions - PPRuNe Forums. My particular topic will most likely be on page one or two under “Normal Threads” its titled “Glen Buckley and Australian Small Business V CASA”
  • The Senate Inquiry into CASA
I am currently preparing my submission to the Senate Committee inquiry into CASA. It is in draft format at the moment. I am drawing on industry feedback but anticipate having it finalised over the next two weeks.

That draft submission can be accessed via that forum, at the link I provided above. Whilst I don’t expect you to review the entire thread again, I would like to draw your attention to Posts #2004 onwards where that draft submission can be found.

There are a number of posts clearly labelled Part 1, Part 2 etc. That is the draft submission. It is not complete at this stage although the components posted are effectively finalised.

I am currently at Part 9 and adding additional Parts, and will continue to do so over the next couple of weeks

To date, there has been no investigation into the conduct of this CASA Employee.

It seems unethical and lacking in transparency, that a CASA employee could have an allegation of misfeasance in public office made against him, over more than two years ago, and there be absolutely no CASA internal investigation against that misconduct, despite all the irrefutable evidence of the commercial harm caused.

These are all matters that I will attend to in that Submission. I am currently up to some “legal aspects” at Part 8 and 9 but intend to continue outlining in Parts 10 onwards.

How easily CASA could have avoided this entire matter, and the harm caused by those decisions made by the CASA employee.

I will divide the harm up into two different components.

The commercial harm to Employees, Customers, Students, Suppliers, other businesses dependent on me, etc and then in the second section, the more personal harm caused to me and my family i.e., financial, reputations, generational, emotional, etc.

The Submission will conclude with well-intentioned suggestions for consideration to improve the safety of aviation and improve General Aviation, most particularly within Regional Areas.

You are fully aware, that I am seeking a meeting with you at the earliest opportunity to raise my allegations before you personally, and, to seek the opportunity for a meeting to redress all parties that were impacted by this matter, with the exception specifically of myself.

I seek only to put every other affected person back in the same situation they were in before CASA so suddenly close my business in October 2018, and as if they had never met me.

With a Federal Election looming, the topic of Government integrity is crucial, and the topic of an anti-corruption body to ensure Government Department transparency is highly pertinent.

Whilst I appreciate that my local MP Ms Gladys Liu is opposed to such a watchdog, I personally will be endeavouring to bring this matter to the attention of my local community, of which I am a 55-year resident of that Community.

The purpose of this letter is to bring my proposed Submission to Senate to your attention.

Request a meeting with you at your earliest opportunity.

I have included all parties mentioned in this correspondence, as recipients.

Respectfully



Glen Buckley

Sunfish 21st Mar 2022 07:36

You are wasting your time Glen. because you subscribe to the very common fantasy that if you could only explain your case to the CEO or Board or Minister IN PERSON, that they could see the truth in you, wave their magic wand, instantly right all wrongs and everyone lives happily ever after. Glen, Mate, THIS NEVER HAPPENS.

Spence, the Board, the Minister, have to take advice. They are very very busy people. They don't know anything about you except what is written in a one A4 page brief handed to them twelve hours or less before the meeting. They don't want to know you, they just want to resolve things as fast as possible and get on to the next task. THEY DON'T KNOW YOU, DON'T WANT TO KNOW YOU,, DON'T CARE ABOUT YOU, DON'T HAVE TIME TO LISTEN. ALL THEY CARE ABOUT IS RESOLUTION.

In the highly unlikely event that you get a meeting, guess who will:

1. Brief Ms. Spence before the meeting.

2. Be seated one metre behind her and one metre to her left or right.

3. Take the minutes of the meeting.

4.Write the letter of offer you will receive after the meeting.

5. Write the brief to the Board and the Minister detailing the substance and outcome of the meeting.

That's right.......

IMHO you DO NOT MEET CASA unless and until there is agreement between you and CASA that you have been wronged and an acceptable offer to you IN WRITING is already on the table.

You cannot make your case any better than you already have by meeting in person. All you are doing is giving them another opportunity to paint you as an insane malcontent - which is what they will do.

They are expert at twisting words and will pounce on your slightest exaggeration and/or verbal misstep to destroy your case. Whatever you do, if you raise your voice, swear or threaten they have got you cold.

Once you have met Spence you can be labelled as "a nutter who won't take no for an answer" what follows shortly thereafter is an application to the nearest Magistrates court for an AVO (apprehended violence order) preventing you from approaching any CASA staff and its game over.

You cannot improve your case by meeting any of these people. The reverse is true. Spence cannot help you directly, she has to follow procedure. A direct appeal CANNOT produce the outcome you seek and could very easily destroy the work you have already done. An agreement arising out of a personal meeting instead of out of bureaucratic procedure can easily be painted in the media as corruption, collusion or worse. This is exactly what happened to Gladys in Sydney and countless other senior bureaucrats and politicians over the years - "I met so and so and we agreed that.....$$$$$" don't you understand what the iron ring will do to Spence if she doesn't follow procedure??????

To put it another way, CEO's Boards and Ministers only have power when they follow laid down laws and procedure. A personal meeting leading to a personal decision and a personal offer, even if totally justified, is NOT part of the Westminster tradition as many have found to their cost.

All the best..

havick 8th Apr 2022 15:31

Hi Glen, hope you’re well.

Any latest updates with your progress?

glenb 11th Apr 2022 06:13

Cheers Hacick, an update.
 
Sorry "Havick", i couldnt edit the title after i posted. The truth is that I have been on some prescription medication, and I have since discontinued its use. Admittedly levelled some of the emotion, but thats not what I actually need right now. Back on the horse and ready to go.

I have a telephone call with the Ombudsman's Office on Thursday this week to receive an update, which i will get up here as soon as practical. In the interim i have made this following flyer and begun distributing it in the electorate of Chisholm. Its one of Australia's most marginal seats, and I will be active in distributing this via letterbox drop, train stations, and attending appearances in the community by Ms. Gladys Liu.A 55-year residents personal and unsatisfactory experience with Ms Gladys Liu, the Liberal Representative.

My name is Glen Buckley, I have no political allegiances whatsoever. The truth is that throughout my 55 years in this electorate, I have voted Liberal more often than any other Party. I voted for Ms. Gladys Liu at the last election, I will not be doing so this election, and I urge you to consider my matter in your decision making come election day. Ms Glady Liu has clearly failed me.

In October 2018, a single Government Employee decided that my business was operating illegally and shut it down, effective immediately.

That action resulted in me losing my two businesses, my home, and my health. It left me bankrupt. I still reside in the electorate, but now in a rental property. If either my wife or I were to stop work, we would be homeless. That is the truth, and it is inevitable that at some stage in the future we will be confronting that situation. I have been left destitute.

Despite all that, the greatest burden I carry is for all the people that were impacted by this. That includes other businesses dependant on me that were forced into closure, the staff who lost their jobs and entitlements, the Suppliers that were left unpaid, and the customers who were significantly impacted.

A subsequent investigation by the Commonwealth Ombudsman found that the Government Employee had no legal basis for that decision. I am unable to fund a legal case, so I am seeking an Act of Grace Payment from the Government for that wrongdoing.

I am not seeking any compensation for the impact on me, but I am seeking a payment to ensure that everyone impacted by this action i.e., staff, customers, and suppliers are paid what they are owed.

Since October 2018, I have been seeking a meeting with Ms Gladys Liu to seek her assistance in pursuing that Act of Grace Payment, and as my elected representative of Chisholm she is the appropriate person to approach.

For more than three years, Ms Gladys Liu the current Member for Chisholm has failed to even meet with me, despite multiple written requests.

Whilst I seek no assistance from you in my matter. I do want to inform you, that from my own personal experience I have found that Ms Gladys Liu has completely ignored my very reasonable pleas for assistance.

I urge you to consider that in your decision making come election day. You will be presented with many options. Please consider those carefully. You too, may need the support of your Local Member at some stage in the future. Please choose someone that you feel will clearly represent you.

The entire matter can be accessed via here, for those that are interested. Glen Buckley and Australian small business -V- CASA - PPRuNe Forums It has had almost 1,000,000 views and thousands of comments. For expediency I would direct you to Post #2039 on page 102 of that forum.

Thankyou for taking the time to read this, please choose carefully on election day. The Seat of Chisholm is one of Australia’s most marginal seats. Your vote is important.

Safe travels. Cheers. Glen. Email: [email protected]

glenb 11th Apr 2022 22:30

Response from Pip Spence to Post #2046
 
Dear Mr Buckley

Thanks for your email and apologies for the delay in responding.

I appreciate the update on your intended submission to the Senate, and I will of course read it once it has been provided to the Senate and published.

As I have indicated to you previously, the Chair and I consider that the Ombudsman is best placed to independently review the issues that you have raised, and we are committed to working openly and constructively with the Ombudsman as they complete their review.

Pip

Lead Balloon 11th Apr 2022 22:53

I don’t want to be the bearer of bad tidings, but there is no guarantee that the GA inquiry will continue under the new Parliament to be formed after the upcoming Federal election. As you can see from Odger’s here: https://www.aph.gov.au/About_Parliam...apter_16#h15.5

Uncompleted inquiries and a new ParliamentReferences to the legislative and general purpose standing committees lapse at the commencement of a new Parliament, apart from references which are automatically made under the standing and other orders, such as the references of annual reports and the performance of departments and agencies. …
That said, there is a pretty good chance that some of the Senators in the new Parliament will support the continuation of the reference of the now-technically defunct inquiry.

But as I and others have said many tines before, Glen: CASA doesn’t care. That’s because CASA doesn’t have to care. The only time CASA won’t yawn at more ‘incoming’ from you is if the ‘incoming’ is initiating process in court proceedings to which CASA is a party. Even then, CASA will bring its resources and scaremongering to bear, to drive you further into the ground. Focus your energy on the Ombudsman’s inquiry (the outcomes of which CASA will practically ignore, anyway).

aroa 12th Apr 2022 21:51

Isn’t the problem with any Ombudsman outfit that they make … ‘recommendations’ ..for which there is no enforcement to make the agency right the wrongs.
Been there, had that. Interesting exercise …and CAsA just doesn’t give a sh*t, eh Jono?

Dr Discrepancy can do a verbal vomit to cover any eventuality

The most valuable thing in life is being Vertical and well..Is good.! Rest easy Glen , and stay that way.

glenb 18th Apr 2022 00:18

Ombudsman update
 
Hi folks,

I had a phone call scheduled with the Ombudsmans Office on Thursday 14th April and had intended to provide an update here.

On the morning of the 14th, I was contacted by the Office and advised that the call had to be postponed. At this stage, I have offered some alternative dates, and understnadably with the Easter break have not herad back.
Once that call goes ahead, I will provide that update.

Cheers. Glen

glenb 18th Apr 2022 00:30

But I am keeping myself busy
 
Posting on every electoral poster i can find https://auntypru.com/wp-content/uplo..._074444_PM.jpg

Interestingly, my efforts have resulted in a number of local residents contcating me, and it seems that I am not alone. Appears that our local Liberal Representative has a habit of ignoring the electorate.

Arm out the window 18th Apr 2022 07:25

Good luck to you Glen. Amazing how you are having to go through all these different approaches, when the issue has been clearly laid out for all to see as far as I can tell.

I think most people would agree you were doing something that would have enhanced flying training standards in Australia, been a model for others to aspire to, and a solid business model as well. Win-win, you would think.

Onlookers like us clearly haven't been through the wringer like you have, but it's still very disturbing to see a concept so reasonable be buried in 'wheels within wheels' of prattle and drawn out like this.

Naive of me to think this way, I suppose, but rather than have to chip away via direct approach, ombudsman, MPs etc, how much more in line with the so-called Australian fair go would it be that when a reasonable allegation of regulatory stuff-ups if made, it gets an honest examination and action to fix issues rather than the carpet treatment.

Good on you, and hope there's a few steps forward soon.


Sandy Reith 18th Apr 2022 08:36

Hoping for a fair go
 
Maybe the Ombudsman will overcome timidity and understand what has happened here. Otherwise the only real hope is a Minister with a sense of what’s right.

CASA has not come forward with any rational, believable, safety related or plausible reason for the reversal of approval of Glen’s otherwise successful business model for a group of flying schools.

In my opinion CASA acted to preserve its regime of excessive fee garnering and as part of its extreme and counterproductive control mentality.

In Australia today flying schools, and General Aviation (GA) charter operators (the few remaining), are subjected to extraordinary and unnecessary paperwork and recurring fees for invented permissions. To start a flying school or charter operations is the stuff of nightmares and huge expenses. You couldn’t invent such disproportionate measures in a short time, CASA has had 34 years and its trajectory shows no sign of temperance.

For the outsider it will be difficult to comprehend the injustice and there will be people who won’t want to believe that an arm of government can behave so badly. Unfortunately it’s true, and it’s an old pattern but Glen’s case is an outstanding example of CASA’s callous disregard for the fair go and for the fortunes of Australia’s General Aviation.

Arm out the window 18th Apr 2022 09:22

Fully agree, Sandy. The paperwork and admin burden is bloody ridiculous.

The real test of the CASRs is how they work in practice, and it's abundantly clear that the people responsible for them have not actually had to put them into practice and experience their effects (if indeed responsibility is the right term, implying as it does a requirement to answer for and rectify problems).

Sbaker 18th Apr 2022 22:27

If this example is not abuse of office by a Commonwealth officer... What is?

Oh.. that's right, they hide behind the "negligence" wall...

And make a mockery of our laws, morals, principles and conduct that we uphold in Australian society (you know a modern western country)... And in doing so make a mockery of themselves as an "authority"..

You would expect third world country authorities to carry on like this... But not here...

Anyway, I think alot of the people in a position to do something about it - have the misconceived idea that the bar should be set very high to commence investigation / prosecutions of CASA staff - which is the opposite... The bar should be lower... For example, if a Police officer is caught speeding - they are held to a higher standard because they should know better.... Also, because it's a Commonwealth officer.. any misconduct or abuse of office is generally seen as aggravated for this reason...

But getting it taken seriously is the first step..

glenb 19th Apr 2022 02:39

Correspondence sent to two journalists at the Age newspaper
 
Two journalists from the Age have been contacting members of the electorate seeking any newsworthy stories from Gladys Lius electorate, so I have reached out.



To Whom it may concern,



I was forwarded your contact details by a concerned neighbour who was aware of my plight.



My story is long and detailed, and may be too cumbersome to be of interest, nevertheless here I go.



I am currently distributing these leaflets throughout the electorate of Chisholm (Glady Lius electorate). Untitled_Clipping_041522_074444_PM.jpg (1790×1265) (auntypru.com)



I have also attached two magazine articles that provide an overview of my situation, and they can be accessed here.



“APTA before CASA action” https://www.dropbox.com/s/znq4es7aoe...CTION.pdf?dl=0

“APTA after CASA action” https://www.dropbox.com/s/k12d43vtnh...CTION.PDF?dl=0



In short, the second most senior employee of CASA, a man by the name of Jonathan Aleck decided that my business had suddenly become illegal after more than a decade of operations. The cost to me was significant and included the loss of my home, and my two businesses, my life savings. I have been left absolutely destitute. Sadly many others were affected by this and this included employees, businesses, customers and Suppliers.



A Commonwealth Ombudsman’s investigation found that in fact Mr Aleck had no legal basis for his decision. Unfortunately my current financial situation makes it impossible for me to pursue legal action. I would also direct you to the presentation that I made before Senate Estimates, which can be accessed here



I have outlined the story in its entirety on a pilot’s forum referred to as Pprune and my thread has now had almost 1,000,000 views and over 2000 comments. Glen Buckley and Australian small business -V- CASA - PPRuNe Forums



I am not the first to make allegations against this CASA employee. The matter is relevant with the current election approaching and most especially with one of the hot topics being the Governments failure to establish an anti-corruption commission. Despite the substantive nature of allegations against Mr Aleck, there has been absolutely no investigation into his conduct. I am fully satisfied that this matter is being covered up, and that this coverup extends to the Office of the Deputy PM. The Deputy PM has been fully briefed on this matter by the previous Chair of the CASA Board.



I apologise for the rather brief nature of this correspondence but hope that I have provided enough initial information to allow your assessment.



I have a large body of well documented evidence in support of my allegations. Of particular concern is that for three years I have been trying to engage the support of Ms Gladys Liu, although she has chosen to completely ignore my please for assistance, and therefore I have decided to distribute the brochures throughout the electorate.



If you would like to discuss this matter further, I would encourage you to contact me via return email or my mobile on 0418772013.



Thankyou for your consideration, cheers. Glen Buckley

aroa 19th Apr 2022 22:48

Hope you get serious investigative journalists that want to get their heads around complex issues.
Found in the past that ‘difficult’ stories can be too much for some journos.
The ‘fish and chips wrappers’, are quick and easy. Here today, wrapping the fish tomorrow and forgotten the next.

glenb 20th Apr 2022 00:17

AOPA meeting in Sydney
 
MAY DAY EVENT - SENATOR REX PATRICK

THE FUTURE OF AUSTRALIAN GENERAL AVIATION

Hosted by the Aircraft Owners and Pilots Association of Australia

Sunday, 1st May 2022: Commencing 11:00am – Bankstown Airport NSW.


Attention Australian Aviation Industry Participants,

I warmly invite you all to attend my MAY DAY EVENT hosted by the Aircraft Owners and Pilots Association of Australia, kicking off from 11am on Sunday 1st May 2022, at:

AOPA Australia Headquarters

Hangar 120, 10 Stinson Crescent

Bankstown Airport NSW 2200

Australia.

General aviation is in crisis and is but a shadow of the aviation industry it once was. The Civil Aviation Safety Authority (CASA) is largely responsible for what has been a death by a thousand cuts.

Over the past 20 years the Parliament has held inquiry after inquiry, with the feedback from industry remaining consistent throughout. Despite the unified pleas for change, CASA have wrought havoc on the aviation industry, forcing a never-ending parade of regulatory change that has destroyed businesses, reduced industry competitiveness, and dramatically undermined the sustainability of small to medium sized aviation.

The Parliament reacted to the decline when it passed the Civil Aviation Amendment Bill 2019. This Bill sought to ensure that in developing and promulgating aviation safety standards, CASA must consider the economic and cost impacts on individuals, businesses, and the community.

Sadly, little seems to have changed.

The Parliamentary ‘nutcracker’ doesn’t seem to have cracked the over-regulation walnut, so it is now time to reach for the Sledgehammer.

Having worked tirelessly with industry and having watched things go from a cautionary PAN PAN to an outright emergency MAYDAY, I am ready to answer the call on Sunday 1st May, where I will propose a powerful sledgehammer that can be used to finally sort things out so that general aviation may recover and thrive.

Come take part on Sunday 1st May (from 11am). I am very much looking forward to meeting as many of you as possible, with a lunch-time BBQ and refreshments for participants.

Sincerely,

REX PATRICK

South Australian Senator

BENJAMIN MORGAN

Chief Executive, AOPA Australia

Mobile: 0415 577 724

Email: [email protected]

--------------------------------

REGISTER YOUR ATTENDANCE

To assist with event catering and equipment hire, participants are encouraged to register their attendance, by emailing: [email protected]

--------------------------------

EVENT DATE AND LOCATION

Commencing 11am, Sunday 1st May 2022 - AOPA Australia Headquarters (FalconAir Hangar)

Hangar 120, 10 Stinson Crescent, Bankstown Airport NSW 22200, Australia.

--------------------------------

WHO SHOULD ATTEND THIS EVENT

• Recreational, Sport, General Aviation and Commercial Aircraft Owners

• Recreational, Private and Commercial Pilots

• Flight Training Businesses, Charter Operators, Maintenance Businesses

• Aviation Industry Associations, Peak Bodies, AeroClubs & Flying Groups

• Aviation Industry Supporters

--------------------------------

INVITED INDUSTRY ASSOCIATIONS

• Aircraft Owners and Pilots Association of Australia

• Aircraft Maintenance Repair Overhaul Business Association

• Australian Licensed Aircraft Engineers Association of Australia

• Australian Federation of Air Pilots

• Sport Aircraft Association of Australia

• Australian Beechcraft Society

• Cessna 182 Association

• Australian Mooney Pilots Association

• Australian Piper Society

• Lancair Owner Builders Organisation

• Australian RV Aircraft Association

• AngelFlight Australia

• Wagga City Aero Club

• Central Coast Aero Club

• NSW Sport Aircraft Club

--------------------------------

INVITED MEDIA

• ABC Television

• ABC Radio National

• Channel 9 News

• Channel 7 News

• The Australian

• The Australian Financial Review

• Australian Flying Magazine

• Australian Aviation

--------------------------------

NOT A MEMBER? WE NEED YOUR SUPPORT!

Join today: www.aopa.com.au/membership

AOPA Australia | Your Freedom to Fly




glenb 20th Apr 2022 03:23

Dear Ben Morgan, AOPA
 
Dear Ben Morgan,

Firstly let me thankyou for arranging the May Day Event with Senator Rex Patrick on May 1st at Bankstown Airport.

As you are aware, the industry established a Crowd Funding page which raised funds for me to pursue my matter. I have utilised some of those funds and purchased a Melbourne Sydney ticket and a car rental. I will most certainly be in attendance. Please consider this my RSVP.

I would like to make a request of you for consideration. I am not sure of the intended format, and I do not wish to bump anybody or compromise anyone else’s intended presentation.

As a business owner who had his business shut down by CASA with no supporting safety case whatsoever, I would very much appreciate the opportunity to present my story. I anticipate that would require approximately 30 minutes.

The contents of that presentation would directly address the terms of reference of the current Senate Inquiry. I would ask that AOPA record that presentation, and it would be the basis of my own submission to the Inquiry

If you determine that this would be appropriate, I would provide Senator Rex Patrick with a 30 minute read as a precursor to that presentation.

Thankyou for your consideration of my request,

Cheers , Glen Buckley

glenb 20th Apr 2022 08:18

A phone call with the Ombudsman
 
An update from the Ombudsman’s Office today via a 30 minute telephone call.

To cut straight to the chase it was grim. After 3 years of investigating, the Ombudsman’s Office is unable to investigate allegations against an individual, such as an allegation against a CASA employee, and that needs to be directed to the CASA Industry Complaints Commissioner. The Ombudsman Office has accepted CASAs view that not “everyone in CASA was aware of APTAs concept. This is despite the emails from 2 ½ years prior to that that date I had emails with CASA pitching the concept to them. Then what followed was an investment of hundreds of thousands of dollars in systems and personnel, to be fully approved by CASA in April 2017, then have CASA formally approve bases under it. We then underwent an audit and no concerns are raised, then CASA found about it and shut it all down.

All this without a supporting safety case. To those on here and in the industry you will appreciate that “not everyone knew about it”, doesn’t really cut it. They advised that they cant to anything with regard to "practical outcomes .Anyway, rant over.

I jumped into my car to go and feed a mates goldfish while he heads off to an Elvis festival interstate. To be honest I sat in the car having a bit of a sulk before turning the key.

Then the phone rings. It’s the Office of the Deputy PM, and someone very senior. They were aware of the leaflets I was distributing. Let anything let me say that what followed was the most encouraging conversation I have had in over three years. Whilst I don’t want to pre-empt anything, I do believe that Office will “get to the bottom of it”, and that the Deputy PM would be involved. It was extremely encouraging.

It left me feeling so good, I gave the Goldfish an extra pinch of flakes.

The dilemma I have now. Do I ramp up my matter in the local electorate by getting down to railway stations etc, or do I back off and give the Deputy PMs Office a week to digest it, and get back to me.

Ive been too nice today, I already gave the fish extra food, I reckon I keep going.



tossbag 20th Apr 2022 08:38

It's not a dilemma, not in my reading of it. Never trust a politician under any circumstance. Ramp it up buddy.

Just one question though, I know the NATS are tied up with Libs, but why would the NATS get involved when it's a Liberal seat?

Chronic Snoozer 20th Apr 2022 09:21


Originally Posted by glenb (Post 11218245)
The Ombudsman Office has accepted CASAs view that not “everyone in CASA was aware of APTAs concept.

Jesus wept. Accountability in all its glory. Nothing but admiration Glen, for the cause you are fighting.

Sunfish 20th Apr 2022 10:10

Glen, don't you dare stop doing what ever you are doing until you NOW get a meeting with CASA and a written plan of how CASA is going to resolve this matter. The difference between NOW and a few weeks ago is that the Board and DAS are NOW empowered by the Government to resolve the matter.

Please don't stop doing things just yet, The Ministers office can NOT fix your problem - that would be corrupt. However they can ask CASA for an explanation as to how your treatment squares with the SoE.

Do not accept personal undertakings etc. the Libs and Nats might not win. Barnaby may be given a different portfolio. Keep going until you have something in writing (an admission of wrongdoing no less) from CASA!


Sandy Reith 20th Apr 2022 12:36

Progress?
 
The Ombudsman concept was all the rage at a 1960s Liberal Party State Council, put to the meeting it passed with a handsome majority against the wishes of Premier Henry Bolte. Bolte argued that it was the job of MPs to intervene on behalf of constituents and ensure good governance throughout the Public Service.

How right he was, we spend umpteen $millions on these useless bodies, we have an Ombudsman for just about everything and they’ve become just another part of Government Industries and the Public Sector. The latter, that was once the Public Service, increasingly in unequal competition with the private sector.

But to the DPM, Minister Barnaby Joyce, and the possibility of action for Glen, firstly an apology from Gladys Liu and a promise to prosecute Glen’s case should be the first correction. After that it’s hard to disagree with the Sunfish advice:-

“Keep going until you have something in writing (an admission of wrongdoing no less) from CASA!”

Hopefully the caretaker protocols don’t inhibit BJ from directing the CASA Board to act now to compensate Glen

aroa 20th Apr 2022 23:42

IMHO this country is coming to a dangerous impasse.

When we the people fund the diabolical outgrowth of BS agencies full of ‘managers’ and fat cats that deny all the obligations of transparency, accountability, natural justice and due process ,and from their positions of power and your money, set about squashing people, businesses, and in CAsAs case, a complete vital industry….we have aPROBLEM for this “democracy”.

Surely we don’t have to go down the Ukrainian path to ensure our freedom, that should be a given, not having to be taken back with violence.

We might have our little paper flutter on May 21, but over the decades what changes to the good for CASA has that done. SFA.?
As someone in CAsA once said.. ‘ ministers and politicians come and go, be we go on forever’.
For all that we have most surely paid the price.

I do hope for Glens sake and sanity the “ the phone call” for such a morale lift is not simply followed by a let-down. Sure he’s had more than enough of that.

Put in an application for a CarersPension, Glen, since you are now employed as carer for Mrs Goldfish and family.

Look forward to hearing about the outcome of May 1, Sic Em Rex and yourself.
Go well.

Sandy Reith 21st Apr 2022 00:06

Power of bureaucracy
 
Aroa makes the point, that we’ve handed too much power to the Public Sector (used to be the Public Service).

Unfortunately we the citizenry are partly to blame, note the loud cries for an independent political watchdog with “teeth” which will detract from the safeguards of our hard fought for British legal system.

There’s a strong and naive belief that we can pass off problems within governing bodies by a mechanism that has no accountability back to the people (just like CASA).

And more unfortunately we’ve not had a politician with the oomph and inspiration to articulate the fact that it’s the duty of MPs to ensure proper, honest and fair governance throughout. We certainly should expect MPs to be far more involved, and fighting for individuals, like Glen Buckley. This would breathe new life into our democracy because the bureaucracy would become far more careful. Another benefit might accrue in that we might attract more candidates for political office who have the skills, knowledge and motivation to make democracy improve. We should pay them more and staff and equip their offices to cater for the problems that confront their constituents.

Henry Bolte was dead against the Ombudsman concept for exactly these same reasons.

Lead Balloon 21st Apr 2022 01:34


The Ombudsman Office has accepted CASAs view that not “everyone in CASA was aware of APTAs concept.
If that’s true and the Ombudsman’s Office considers that that finding has any relevance to Glen’s complaint, it would be a manifestation of the extent to which the competence of the Office has deteriorated. It would be laughable if it didn’t have such profound consequences. Google ‘constructive notice’.

Sadly, it’s not surprising, because these kinds of government ‘watch dogs’ have been steadily starved of resources. (An erstwhile Ombudsman – John Macmillan – who became Australian Information Commissioner was ‘starved out’ of the latter position, eventually working from home because the government had not funded an office for him.) The current government would love to starve the Auditor-General’s office in the same way.

Anyway, the message is clear: Make sure you cc the CASA CEO in on all correspondence with anyone else in CASA.

In any event, there’s nothing in Part 141 or 142 that says an operator can’t conduct flying training activities at more than one location.


[T]he Ombudsman’s Office is unable to investigate allegations against an individual, such as an allegation against a CASA employee…
Here’s what the Ombudsman Act says:

3(6) For the purposes of this Act, action that is taken by an officer of a prescribed authority shall be deemed to be taken by the authority:

(a) if the officer takes, or purports to take, the action by virtue of his or her being an officer of the authority, whether or not:

(i) the action is taken for or in connexion with, or as incidental to, the performance of the functions of the prescribed authority; or

(ii) the taking of the action is within the duties of the officer; or

(b) if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment.



officer means:


(b) in relation to a prescribed authority:



(iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not he or she is employed by the authority; or

(iv) a person authorized by the authority to exercise any powers or perform any functions of the authority on behalf of the authority.
CASA falls within the definition of “prescribed authority”.

A CASA employee’s actions in their capacity as a CASA employee are deemed, for the purposes of the Ombudsman Act, to be the actions of CASA. A complaint about the actions of an individual CASA employee in that capacity is complaint against CASA.

Chronic Snoozer 21st Apr 2022 01:56


Originally Posted by Lead Balloon (Post 11218616)
A CASA employee’s actions in their capacity as a CASA employee are deemed, for the purposes of the Ombudsman Act, to be the actions of CASA. A complaint about the actions of an individual CASA employee in that capacity is complaint against CASA.

What if the action is internal? i.e. one officer overriding another’s action, deeming it void, in effect undoing that particular decision.

Lead Balloon 21st Apr 2022 02:13

An action is an action is an action.

The nonsense of the Ombudsman's position, as explained by Glen, is that everything 'done' by 'CASA' is done by individuals - either the CEO or employees or board members or whatever. An artificial person created by a sentence in a piece of legislation cannot magically take any 'action', except through human officers.

That's why the Ombudsman Act has the deeming provision I quoted.

Otherwise Pip Spence can just sit there saying that everyone in CASA, including her, is an individual, and therefore the Ombudsman can't investigate any complaint about any action any of them take.

VH-MLE 21st Apr 2022 02:30

"It’s the Office of the Deputy PM, and someone very senior. They were aware of the leaflets I was distributing. Let anything let me say that what followed was the most encouraging conversation I have had in over three years. Whilst I don’t want to pre-empt anything, I do believe that Office will “get to the bottom of it”, and that the Deputy PM would be involved. It was extremely encouraging."

My take on that is that your flyers are causing stress within the LNP held seat of Chisolm & efforts are being made to placate you with the promise that they'll "get to the bottom of it". If the Office of Deputy PM were truly concerned about Glen's situation, something would have been done a long time ago. It's all too convenient with the election looming - particularly in a marginal seat.

Just my 2 lire's worth...

All the best Glen!!


glenb 21st Apr 2022 03:15

MLE
 
Spot on i suggest MLE. That individual has contacted me today from the Deputy PMs department. They are waiting the Ombudsmans report. Therefore, I have elected to ramp up my efforts. Cheers. Glen.

I have advised that person from the Deputy PMs department that Mr aleck has clearly mislead the Ombudsmans Office and he has requested I send through my supporting material which I will do, and obviously post on here.

Cheers. Glen

Sandy Reith 21st Apr 2022 05:02

Poor old underpaid Ombudsman
 
https://cimg0.ibsrv.net/gimg/pprune....9ccdeed3ea.png
Commonwealth Ombudsman’s 2020 annual report. No wonder they couldn’t find a problem with CASA’s treatment of Glen Buckley and because they don’t talk to each other! Gawd help us, certainly won’t get help from Government Industries.

Sandy Reith 21st Apr 2022 05:16

Reply to LB about the starving Ombudsman officers.
 
https://cimg4.ibsrv.net/gimg/pprune....907eccef3c.png
We’d better send food parcels.

Lead Balloon 21st Apr 2022 05:31

That's only part of the picture, Sandy. Another part of the picture is the volume of complaints - more accurately the growth in the volume of complaints - made, compared with the number and qualifications of staff over time. (John Macmillan was paid well as Information Commissioner but couldn't possibly do the job from his home office, so left for greener pastures.) That said, if Glen's summary of the conversation is accurate (and I don't doubt Glen is summary is based on his honest recollection) I reckon he's been consigned to the 'too hard' basket by the Ombudsman.

Sandy Reith 21st Apr 2022 05:57

Too hard basket
 
Quote LB:- “I reckon he's been consigned to the 'too hard' basket by the Ombudsman.”

Exactly, simply too political, which can only be solved by those dreaded politicians that Australians love to hate. If only we had strong leaders, then there’s no disPutin, and we will all live happily ever after.

Flaming galah 21st Apr 2022 23:41


Originally Posted by Sandy Reith (Post 11218692)
Quote LB:- “I reckon he's been consigned to the 'too hard' basket by the Ombudsman.”

So the tame ICC found CASA knew about the APTA model, didn’t treat Glen fairly, and breached its Regulatory Philosophy but then the Ombudsman says nothing to see here. How can that be?

Lead Balloon 22nd Apr 2022 01:11

Who’d know.

Anyway, it’s caretaker time and the bureaucracy is kicking back and relaxing while watching the fur fly between tweedle dumb and tweedle dumber. Each agency and department will have its ‘Red Book’ and ‘Blue Book’ prepared, ready to feign dedication to the policies of whatever inspirational Minister is imposed on them for a couple of years.

glenb 22nd Apr 2022 06:29

I will need advice
 
To those that are following this story. Tonight (by 9PM), I will publish a draft letter on this website. It will be a letter to both the Ombudsman Office and the Office of the Deputy PM, and specifically to the individual that is investigating this matter within the Office of the Deputy PM. I have confidence in this individual.

It will be in draft form, but will be within a whisker of completion. I will finalize it, based on feedback on the weekend for sending at 9AM on Monday morning. It is i believe a significant piece of correspondence in this matter. It deals very much with corruption in Government Departments, and is highly relevant at the moment with the failure by the liberal Government to establish an anti corruption commission. With an election only weeks away, I have been presented with a rare opportunity.

I will appreciate any guidance on content, but also on intended recipients. I will be seeking feedback on the distribution list. To only the Deputy PM, and Ombudsman, or other politicians i.e. Senator Rex Patrick, Gladys Liu, AOPA, media etc.

Cheers. Glen

Irrespective, it will be published on here and the other website "Aunty Pru".


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